In the absence of specific reservation provisions, entitlement to reservation for admission cannot be claimed as a matter of right.

JUDGMENT

Subramonium Prasad, J. - Aggrieved by the judgment dated 13.07.2022 passed by the learned Single Judge in W.P.(C) 2604/2022, the Appellant seeks to challenge the said judgment by filing the instant LPA.

2. The facts of the case reveal that the Appellant is the son of an Ex-Serviceman, who was serving in the Indian Navy and was invalidated from service for being physically handicapped.

3. It is stated that the Appellant appeared in the examination for Army Public School, Dhaula Kuan, New Delhi. According to the Appellant, he had qualified the exam but he was not called for the interview.

4. It is stated that despite sending representations to the Respondents, no reply was received by the Appellant and, thereafter, the Appellant approached this Court by filing a writ petition bearing W.P.(C) 2604/2022 with the following prayers:-

'i) To direct the respondents to consider the petitioner admission after granting him reservation as per judgment Aryan Raj Vs. Chandigarh Administration & Ors. and also in the light of judgment Anmol Bhandari (Minor) through his father /natural guardian Vs. Delhi Technological University, the vacancies of Schedule Caste and Schedule Tribe and the petitioner to be given benefits of ex-serviceman (physically handicapped's son/SC/ST); ii) To direct the Respondents grant reservation to the physically handicapped persons/ or their wards'

5. The learned Single Judge by way of the judgment impugned herein held that since the Appellant failed to qualify the admission test, he was not called for the interview. The learned Single Judge dismissed the said writ petition vide Judgment dated 13.07.2022.

6. Learned counsel for the Appellant has taken this Court through a policy decision taken by the Government of India regarding reservation of seats for admission to Rashtriya Military School for the Entitled Category, and submits that 70 per cent seats of Entitled Category are reserved for wards of JCOs/OR of Army and their equivalent in Navy and the Air Force.

7. Learned counsel for the Appellant has further drawn the attention of this Court to the Notification dated 21.05.2018 issued by Government of India, Ministry of Defence for reservation/preference to the wards of Armed Forces personnel for admission to Medical/Professional/Non-Professional Courses and states that there is specific reservation for wives of defence personnel disabled in action and boarded out from service, defence personnel disabled in service and boarded out with disability attributable to military service. He states that there are reservations for wards of Armed Forces personnel killed in action during war and peace with death attributable to military service. He states that there must be reservation for wards of Armed Forces personnel who have been invalidated from service/physically handicapped. According to him, unless such reservation is not granted, wards of such Armed Forces personnel having been invalidated from service will never get an opportunity of coming up in life.

8. The Appellant has also placed reliance on the judgment dated 12.09.2012 passed by Division Bench of this Court in Anmol Bhandari v. Delhi Technological University, W.P.(C) 4853/2012 and Order dated 08.07.2020 passed by the Apex Court in Aryan Raj v. Chandigarh Administration & Ors., Civil Appeal No.2718/2020.

9. Per contra, learned Counsel for the Respondents, contends that the Appellant did not qualify in the Class 6 entrance examination for admission to the Rashtriya Military School, and, therefore, was not called for the interview. She submits that the Rashtriya Military Schools function under aegis of the Ministry of Defence and the admission to these Schools are governed by Army Order 6/2007/GS and GoI, MoD (Army) letter No. A/ 84019/CGC-2020/GS/MT-15/III/39/US (SSC)/D(GS-II) dated 18.01.2021.

10. The learned Counsel for the Respondent states that under the reservation of seats to be filled in Rashtriya Military schools through Common Entrance Test, 70 per cent o